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Massachusetts High Court Rules That ERISA Preempts a Claim Based on Unjust Enrichment
ERISA Lawyer Blog 
[Guidance Overview] Nov. 12, 2009
Excerpt: The Court noted [two reasons] for concluding that Hitachi's claim is preempted by ERISA. [The second is that in] enacting ERISA, Congress intended to provide a comprehensive remedial scheme that would serve as the exclusive enforcement mechanism for ERISA disputes. This scheme provides strong evidence that Congress did not intend to authorize the remedies that it simply did not incorporate in the statute. A remedy based on a claim of unjust enrichment-as opposed to certain claims for restitution- is not one of the remedies included in the statute. Having concluded that ERISA preempts Hitachi's claims for two reasons, the Court affirmed the lower court's dismissal of the case.
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